IN THE CASE OF: BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160001705 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160001705 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160001705 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his Army Reserve record and a copy of his DD Form 214 (Report of Separation from Active Duty). 2. The applicant states: a. He recently requested a copy of his records and he did not receive a copy of his DD Form 214. b. He received his DD Form 265A (Honorable Discharge Certificate), which shows he was discharged in military occupational specialty (MOS) 76Y20/Supply Clerk, when he was actually discharged in MOS 11B30/Infantry Instructor. c. Item 17 (Civilian Education and Military Schools) on his DA Form 2-1 (Personnel Qualification Record – Part II) does not show he attended infantry school at Camp Parks, California; Fort Jackson, South Carolina; or Fort Benning, Georgia. d. Item 9 (Awards, Decorations and Campaigns) on his DA Form 2-1 shows only his basic training awards from when he was on active duty and it does not show any of his Reserve awards and citations, which include: * "Unit Citation" * "Presidential Citation" * "Infantry Badge" * "Infantry Cord" * "Infantry Blue Disks" e. Section VII (Current and Previous Assignments) on his DA Form 2-1 does not show his last year of service as 3 November 1982. 3. The applicant provides: * self-authored letter to the Army Review Boards Agency, dated 1 December 2015 * Headquarters, Sixth U.S. Army, Order 252-1250, dated 28 December 1982 * DA Form 2-1, reconstructed on 22 January 1982 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army for 3 years on 21 May 1976. He was in training to be awarded a Chapparal Crewman when he was honorably discharged on 5 October 1976, due to having defective vision in his right eye, which prevented him from fulfilling his commitment. 3. His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar. Section 9 on his DA Form 2-1 lists the same awards. 4. The applicant enlisted in the U.S. Army Reserve (USAR) on 14 December 1976. He completed training as a Unit Supply Specialist and he was awarded primary military occupational specialty (PMOS) 76Y10. 5. On 16 October 1978, the applicant was awarded PMOS 11B30 (Infantry Instructor). 6. The applicant's DD Form 256A is not filed in his official record. However, his official record does contain Headquarters, Sixth U.S. Army, Order 252-1250, dated 28 December 1982, which shows that he was honorably discharged from the USAR on 3 November 1982. It shows that at the time of his discharge he held MOS 76Y20. 7. Item 35 (Record of Assignments) of his DA Form 2-1 shows he was serving in MOS 11B30 as an instructor in his final duty assignment. It also lists in item 17 his civilian education and military schools as "Sixth U.S. Army MOS Center" and "General Educational Development." REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. A DA Form 2-1 provides a record of individual personnel management qualifications such as grade, skills, physical limitations, and assignment history and is used primarily by personnel managers at unit level to support the Army’s personnel life-cycle function of sustainment. Once a Soldier is discharged, the form is no longer updated. 3. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It stated, a DD Form 214 will be prepared for each Reserve Component Soldier completing 90 days or more of continuous active duty for training. DISCUSSION: 1. He did not receive a DD Form 214 showing his Reserve service because he was not on active duty. According to the applicable regulation, a DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Member of the USAR do not receive a DD Form 214 are not issued a DD Form 214 upon discharge unless they are serving on active duty at the time. The applicant was not serving on active duty when he was discharged. 2. He was honorably discharged from the USAR on 3 November 1982, at which point his DA Form 2-1 became an inactive document. 3. The applicant's DD Form 256A is not filed in his official record and he did not provide a copy of his DD Form 256A. However, he did provide a copy of Headquarters, Sixth U.S. Army Order 252-1250, dated 28 December 1982, which shows that at the time of his discharge from the USAR Ready, he held MOS 76Y20. However, item 35 (Record of Assignments) of his DA Form 2-1 clearly shows he held MOS 11B30 while assigned to Detachment 1, 91st Training Command from 16 October 1978 until the time of his discharge from the USAR. The available records indicate the MOS shown on Sixth U.S. Army Order 252-1250 is incorrect. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001705 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001705 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2